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    E-Mail from my lawyer.

    Kyle:

    Based upon my analysis of the information that you have provided to me to date, it appears that you will qualify for a Chapter 7 bankruptcy filing. Of course the final determination cannot be made until you are my client and I have further reviewed your documentation. If you wish to continue the process I will need returned to me the signed forms which I sent to you in a previous email, along with $625.00 to begin work on your case. Please advise me if you wish to proceed. Thank you.

    _________________________________________

    My question is what if hypothetically I can't file. Do I get the $625 back? It just seems they want money to give me the all go? I have filled out the form online of my bills, expenses, assets and creditors. I have no assets and 20K in CC debt. It seems like a no brainer but I just want your thoughts? Sound good BK friends? Thanks!

    #2
    625 is a pretty good price, in my opinion. I suspect he couches his words by using the phrase "based on my analysis" simply to cover his ass in case someone has given him incorrect information. As long as he has all the facts about your situation, you are good to go.

    That is, if your numbers are reasonably accurate. If there is anything you are holding back, his letter covers him in the event you have to file a 13.
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      I believe I read $625 to "begin" work which may just be a down payment.
      Suggest you get everything in writing before handing over the cash.
      Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

      Comment


        #4
        Did you and this attorney discuss the total cost of legal fees? I, too, think this is a down payment for legal services. In my area, most attorneys charge more than double this amount.

        I surmise if after you've retained this attorney and it's discovered you're not a candidate for C7, you will not receive a refund. Your attorney has to exert time, effort, and resources into assessing your data. I don't know many attorneys who work for free. "Of course the final determination cannot be made until you are my client and I have further reviewed your documentation". To me, this implies your attorney suspects you're a C7 candidate; although, he/she needs to be retained in order to fully assess/substantiate this possibility.

        Have you discussed your situation with other attorneys? I'm new to this process; although, I intend to meet with at least 2-3. Knowledge and confidence can be gained through multiple consultations. My first consultation left me with numerous questions. Had I wished to ask these questions, I would have had to pay the attorney. My first consult attorney was less than impressive and I intend to meet with another next week. Now that I'm armed with more knowledge, I intend to pose these questions to another attorney free of charge.

        My suggestion to you is to set up additional consultations prior to selecting an attorney. Gain information and perspective from others. This may help build your confidence and it may also present some red flags that may be able to be corrected. Don't forget to inquire about legal fees. If, after this has been done, you decide to go with this original attorney, inquire about total fees. If the fees are acceptable, submit the initial $625 and your paperwork.

        Best of luck!
        *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

        Hakuna Matata...it means NO WORRIES!

        Comment


          #5
          HakunaMatata is correct in every way. I don't think you would even want an attorney that is that cheap. That is a down payment, as it cost about 250 to file the forms and etc.

          Our C7 cost us about 1500 plus filing fees. We are FL. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            Also ask to see the retainer agreement. There have been people on this board that have had unpleasant experiences with the attorney charging for many other items outside the fee. For example an extra $250 for copies, emails and phone calls! You want to know exactly what is and is not covered in the BK agreement.
            Filed CH 7 9/30/2008
            Discharged Jan 5, 2009! Closed Jan 18, 2009

            I am not an attorney. None of my advice is legal advice in any way..

            Comment


              #7
              Sounds like the retainer agreement was included in the earlier email. That should spell out the fees involved. If not you need to get a complete estimate of what they will charge you for their services.

              Comment


                #8
                Before paying the $625, go to www.legalconsumer.com and fill out the means test calculator. That will tell you if you qualify for a Ch. 7 or not.

                Comment


                  #9
                  Thank you all. I was told of the fees and the attorney fee is $1250 and $299 for the court filing fee. He is asking for the $625 to get started and the remaining $625 plus $299 when I wan to file. Everything is sounding good. I laid everything out for him and like I said it should be pretty straight forward. I make $1500 a month and that is all going to credit cards, car, insurance, food and cell phone. I have to start paying rent next month and that is almost the same amount as I pay to minimum's on the 20K in CC debt I have. I'm trying to be proactive and since I will not be able to make those payments I am taking care of it before they become late or I get calls and collection etc. I'm 23. I'm looking forward to being financially smart and NEVER getting myself in this again! :P

                  Comment


                    #10
                    Well, at least you learned this at a young age and have a good chance of never doing this now for the rest of your life. Better to make this mistake at 23 than age 50.

                    We paid just over $3,000 out the door for a married couple. You did good.

                    Did you try out that Legalconsumer.com site and see what it said on the means test?

                    Comment


                      #11
                      Yes I qualify. Thank you!

                      Comment


                        #12
                        Originally posted by tnsltwn View Post
                        Yes I qualify. Thank you!
                        Awesome! Now dance a jig, have it video taped, upload it to Youtube and post a link so we can see!

                        Comment


                          #13
                          Yeah if you have passed the means test you should be fine, but if doubt, call this attorney and ask him, "if I pay you $625, I want to know what chapter we are filing BEFORE I pay you." We knew going in, before we paid anything what chapter he would be filing. I would strongly suggest, you contact this attorney ask these questions. Don't pay an attorney if you don't feel comfortable being able to ask questions.
                          Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

                          Comment


                            #14
                            When I got the paperwork done at my attorney, all of the stuff I signed looked nearly identical to the stuff on that legalconsumer.com web site. They had the means test on there and stuff.

                            Comment


                              #15
                              That's a good deal... I paid 2900 total for mine. Had to give him 1400 up front before he'd work my case.
                              BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                              Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

                              Comment

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